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new-precedent-on... Case Commentaries

Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Date: Sep 13, 2025
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Date: Sep 13, 2025
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary Case: Nina Jankowicz v. Fox News Network LLC...
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

Date: Sep 13, 2025
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County Introduction In Giambalvo v. Suffolk...
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

Date: Sep 13, 2025
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law Introduction In AbbVie v. Fitch, the U.S. Court of Appeals...
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

Date: Sep 13, 2025
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey Introduction In Lewis v. Redline Hockey, LLC, No. 24-1342-cv (2d...
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

Date: Sep 13, 2025
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims Editorial note: This is a Second Circuit summary...
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Date: Sep 13, 2025
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41 Introduction In AF 09-0289, the Supreme Court of Montana announced a revised...
Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Date: Sep 13, 2025
Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required Introduction In State of New Hampshire v. Donald Thompson (No. 2024-0519), decided by...
Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Date: Sep 13, 2025
Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025) Introduction In S.L. v....
No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders in State v. Beldiman (2025 VT 55)

No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders in State v. Beldiman (2025 VT 55)

Date: Sep 13, 2025
No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders Case: State v. Nicolae Beldiman, 2025 VT 55 (Vt. Sept. 12, 2025) Court: Supreme Court...
General Standards and Annual Guidance Suffice for Vermont Hospital Budget Oversight; No Per‑Capita Mandate Under 18 V.S.A. § 9372

General Standards and Annual Guidance Suffice for Vermont Hospital Budget Oversight; No Per‑Capita Mandate Under 18 V.S.A. § 9372

Date: Sep 13, 2025
General Standards and Annual Guidance Suffice for Vermont Hospital Budget Oversight; No Per‑Capita Mandate Under 18 V.S.A. § 9372 Introduction This commentary examines the Vermont Supreme Court’s...
Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s Claim and the Injury Date Is the Date of Death

Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s Claim and the Injury Date Is the Date of Death

Date: Sep 13, 2025
Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s...
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

Date: Sep 13, 2025
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal Introduction This commentary analyzes the Alabama Supreme...
Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy (State v. Ray, 2025)

Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy (State v. Ray, 2025)

Date: Sep 12, 2025
Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy...
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

Date: Sep 12, 2025
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting...
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Date: Sep 12, 2025
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings Case: Olympic Galleria, Co., Inc. v. Sitt, 2025...
State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse

State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse

Date: Sep 12, 2025
State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse...
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

Date: Sep 12, 2025
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al. Introduction In this consolidated,...
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

Date: Sep 12, 2025
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and...
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson

No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson

Date: Sep 12, 2025
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson Introduction In this nonprecedential but...
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